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An uphill battle against the stigma of being ?court-appointed.?

By Christopher Annunziata

I recently received a call from an attorney scheduled for a court-referred mediation:

“Chris, this is Lawyer X.  We’d like to cancel the mediation.  Don’t take this personally, but we’ve decided on another mediator.”

Of course, I took it personally, expressed my disappointment and politely pressed the issue with the lawyer.

What I learned shouldn’t have surprised me.  This lawyer, a sophisticated end-user of mediation, had a bad experience with a court-appointed mediator and did not want to repeat that.   While the specifics of the occurrence were not shared, there was distinct frustration in the lawyer’s voice.

The sad truth is that I understood what this lawyer meant and what I had to do.  If I wanted a shot a keeping the mediation, I had to prove that even though I was  “court-appointed,” I was competent enough to handle the case.

There is an unfortunate perception among many practicing attorneys here in Atlanta that the mediators on the court-appointed lists are simply not up to snuff.   I do not fully share this opinion.  Like any other vocation, there are some very good “court-appointed” mediators and some not-so-good “private/professional” mediators.

I do not think that licensure is the answer.  I just need to be ready for an uphill fight and start marketing a little more heavily to ensure that when an attorney reads my name on a “court-appointed” notice, she recognizes that I am a professional, competent mediator she would like to use.

Full post as published by CKA Mediation and Arbitration Services Blog on March 31, 2009 (boomark / email).